It is hereby declared and found that the regulation
of fires, elimination of fire hazards, contamination of air from smoke,
and the protection of property exposed to destruction by fire within
the Village is necessary to the protection of the health and properties
of the inhabitants of the Village and within the public interest.
Unless otherwise expressly provided herein or
inconsistent in the context used, the following words shall have the
meanings herein indicated:
OPEN FIRE
Any fire lighted and maintained, other than a fire in a stove,
furnace, or incinerator designed and constructed for the burning of
material.
PERSON
Any individual, partnership, unincorporated association,
firm, corporation, organization or other entity.
PROTECTED FIRE
Any fire contained within a stove, furnace, incinerator or
device that fully contains such fire and is so designed and constructed
as to prevent the spreading of the fire or discharge of burning particles
or materials into the atmosphere.
VILLAGE
The Village of Baxter Estates.
The provisions hereof do not apply to the maintenance
and use of outdoor cooking facilities such as barbecue pits or fireplaces,
whether such facilities are of a permanent or portable nature.
[Amended 8-6-2015 by L.L.
No. 2-2015]
Each and every violation of, or failure to comply with, any
provision of this chapter shall constitute a violation hereof. Each
and every day that any such violation or failure occurs or continues
shall constitute a separate violation. Any person, entity, organization,
society, association, company or corporation who or which commits,
or takes part or assists in committing, any such violation shall be
punishable as follows: for a conviction of a first offense, by a fine
not more than $250, or imprisonment for a period not to exceed 15
days, or both such fine and imprisonment; for a conviction of a second
offense, both of which were committed within a period of five years,
by a fine not less than $250, nor more than $500, or imprisonment
for a period not to exceed 15 days, or both such fine and imprisonment;
and for a conviction of a third or subsequent offense, all of which
were committed within a period of five years, by a fine not less than
$500, nor more than $1,000, or imprisonment for a period not to exceed
15 days, or both such fine and imprisonment.